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| Public Act 099-0861
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| SB3164 Enrolled | LRB099 20432 RLC 44931 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Sections 5-4-1 and 5-8-8 as follows:
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(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
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Sec. 5-4-1. Sentencing Hearing.
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(a) Except when the death penalty is
sought under hearing |
procedures otherwise specified, after a
determination of |
guilt, a hearing shall be held to impose the sentence.
However, |
prior to the imposition of sentence on an individual being
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sentenced for an offense based upon a charge for a violation of |
Section
11-501 of the Illinois Vehicle Code or a similar |
provision of a local
ordinance, the individual must undergo a |
professional evaluation to
determine if an alcohol or other |
drug abuse problem exists and the extent
of such a problem. |
Programs conducting these evaluations shall be
licensed by the |
Department of Human Services. However, if the individual is
not |
a resident of Illinois, the court
may, in its discretion, |
accept an evaluation from a program in the state of
such |
individual's residence. The court may in its sentencing order |
approve an
eligible defendant for placement in a Department of |
Corrections impact
incarceration program as provided in |
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Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing |
order recommend a defendant for placement in a Department of |
Corrections substance abuse treatment program as provided in |
paragraph (a) of subsection (1) of Section 3-2-2 conditioned |
upon the defendant being accepted in a program by the |
Department of Corrections. At the
hearing the court
shall:
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(1) consider the evidence, if any, received upon the |
trial;
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(2) consider any presentence reports;
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(3) consider the financial impact of incarceration |
based on the
financial impact statement filed with the |
clerk of the court by the
Department of Corrections;
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(4) consider evidence and information offered by the |
parties in
aggravation and mitigation; |
(4.5) consider substance abuse treatment, eligibility |
screening, and an assessment, if any, of the defendant by |
an agent designated by the State of Illinois to provide |
assessment services for the Illinois courts;
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(5) hear arguments as to sentencing alternatives;
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(6) afford the defendant the opportunity to make a |
statement in his
own behalf;
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(7) afford the victim of a violent crime or a violation |
of Section
11-501 of the Illinois Vehicle Code, or a |
similar provision of a local
ordinance, or a qualified |
individual affected by: (i) a violation of Section
405, |
405.1, 405.2, or 407 of the Illinois Controlled Substances |
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Act or a violation of Section 55 or Section 65 of the |
Methamphetamine Control and Community Protection Act,
or |
(ii) a Class 4 felony violation of Section 11-14, 11-14.3 |
except as described in subdivisions (a)(2)(A) and |
(a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the |
Criminal Code of 1961 or the Criminal Code of 2012,
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committed by the defendant the opportunity to make a |
statement
concerning the impact on the victim and to offer |
evidence in aggravation or
mitigation; provided that the |
statement and evidence offered in aggravation
or |
mitigation must first be prepared in writing in conjunction |
with the
State's Attorney before it may be presented orally |
at the hearing. Any
sworn testimony offered by the victim |
is subject to the defendant's right
to cross-examine. All |
statements and evidence offered under this paragraph
(7) |
shall become part of the record of the court. For the |
purpose of this
paragraph (7), "qualified individual" |
means any person who (i) lived or worked
within the |
territorial jurisdiction where the offense took place when |
the
offense took place;
and (ii) is familiar with various |
public places within the territorial
jurisdiction where
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the offense took place when the offense took place. For the |
purposes of
this paragraph (7), "qualified individual" |
includes any peace officer,
or any member of any duly |
organized State, county, or municipal peace unit
assigned |
to the territorial jurisdiction where the offense took |
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place when the
offense took
place;
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(8) in cases of reckless homicide afford the victim's |
spouse,
guardians, parents or other immediate family |
members an opportunity to make
oral statements;
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(9) in cases involving a felony sex offense as defined |
under the Sex
Offender
Management Board Act, consider the |
results of the sex offender evaluation
conducted pursuant |
to Section 5-3-2 of this Act; and
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(10) make a finding of whether a motor vehicle was used |
in the commission of the offense for which the defendant is |
being sentenced. |
(b) All sentences shall be imposed by the judge based upon |
his
independent assessment of the elements specified above and |
any agreement
as to sentence reached by the parties. The judge |
who presided at the
trial or the judge who accepted the plea of |
guilty shall impose the
sentence unless he is no longer sitting |
as a judge in that court. Where
the judge does not impose |
sentence at the same time on all defendants
who are convicted |
as a result of being involved in the same offense, the
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defendant or the State's Attorney may advise the sentencing |
court of the
disposition of any other defendants who have been |
sentenced.
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(b-1) In imposing a sentence of imprisonment or periodic |
imprisonment for a Class 3 or Class 4 felony for which a |
sentence of probation or conditional discharge is an available |
sentence, if the defendant has no prior sentence of probation |
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or conditional discharge and no prior conviction for a violent |
crime, the defendant shall not be sentenced to imprisonment |
before review and consideration of a presentence report and |
determination and explanation of why the particular evidence, |
information, factor in aggravation, factual finding, or other |
reasons support a sentencing determination that one or more of |
the factors under subsection (a) of Section 5-6-1 of this Code |
apply and that probation or conditional discharge is not an |
appropriate sentence. |
(c) In imposing a sentence for a violent crime or for an |
offense of
operating or being in physical control of a vehicle |
while under the
influence of alcohol, any other drug or any |
combination thereof, or a
similar provision of a local |
ordinance, when such offense resulted in the
personal injury to |
someone other than the defendant, the trial judge shall
specify |
on the record the particular evidence, information, factors in
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mitigation and aggravation or other reasons that led to his |
sentencing
determination. The full verbatim record of the |
sentencing hearing shall be
filed with the clerk of the court |
and shall be a public record.
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(c-1) In imposing a sentence for the offense of aggravated |
kidnapping for
ransom, home invasion, armed robbery, |
aggravated vehicular hijacking,
aggravated discharge of a |
firearm, or armed violence with a category I weapon
or category |
II weapon,
the trial judge shall make a finding as to whether |
the conduct leading to
conviction for the offense resulted in |
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great bodily harm to a victim, and
shall enter that finding and |
the basis for that finding in the record.
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(c-2) If the defendant is sentenced to prison, other than |
when a sentence of
natural life imprisonment or a sentence of |
death is imposed, at the time
the sentence is imposed the judge |
shall
state on the record in open court the approximate period |
of time the defendant
will serve in custody according to the |
then current statutory rules and
regulations for sentence |
credit found in Section 3-6-3 and other related
provisions of |
this Code. This statement is intended solely to inform the
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public, has no legal effect on the defendant's actual release, |
and may not be
relied on by the defendant on appeal.
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The judge's statement, to be given after pronouncing the |
sentence, other than
when the sentence is imposed for one of |
the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, |
shall include the following:
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"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
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Corrections and
the Illinois Prisoner Review Board. In this |
case, assuming the defendant
receives all of his or her |
sentence credit, the period of estimated actual
custody is ... |
years and ... months, less up to 180 days additional sentence |
credit for good conduct. If the defendant, because of his or
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her own misconduct or failure to comply with the institutional |
regulations,
does not receive those credits, the actual time |
served in prison will be
longer. The defendant may also receive |
an additional one-half day sentence
credit for each day of |
participation in vocational, industry, substance abuse,
and |
educational programs as provided for by Illinois statute."
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When the sentence is imposed for one of the offenses |
enumerated in paragraph
(a)(3) of Section 3-6-3, other than |
when the sentence is imposed for one of the
offenses enumerated |
in paragraph (a)(2) of Section 3-6-3 committed on or after
June |
19, 1998, and other than when the sentence is imposed for
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reckless homicide as defined in subsection (e) of Section 9-3 |
of the Criminal
Code of 1961 or the Criminal Code of 2012 if |
the offense was committed on or after January 1, 1999, and
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other than when the sentence is imposed for aggravated arson if |
the offense was
committed on or after July 27, 2001 (the |
effective date of Public Act
92-176), and
other than when the |
sentence is imposed for aggravated driving under the influence |
of alcohol,
other drug or drugs, or intoxicating compound or |
compounds, or any combination
thereof as defined in |
subparagraph (C) of paragraph (1) of subsection (d) of
Section |
11-501 of the Illinois Vehicle Code committed on or after |
January 1, 2011 (the effective date of Public Act 96-1230), the
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judge's statement, to be given after pronouncing the sentence, |
shall include
the following:
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"The purpose of this statement is to inform the public of |
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the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
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Corrections and the Illinois Prisoner Review Board. In this |
case,
assuming the defendant
receives all of his or her |
sentence credit, the period of estimated actual
custody is ... |
years and ... months, less up to 90 days additional sentence |
credit for good conduct. If the defendant, because of his or
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her own misconduct or failure to comply with the institutional |
regulations,
does not receive those credits, the actual time |
served in prison will be
longer. The defendant may also receive |
an additional one-half day sentence
credit for each day of |
participation in vocational, industry, substance abuse,
and |
educational programs as provided for by Illinois statute."
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When the sentence is imposed for one of the offenses |
enumerated in paragraph
(a)(2) of Section 3-6-3, other than |
first degree murder, and the offense was
committed on or after |
June 19, 1998, and when the sentence is imposed for
reckless |
homicide as defined in subsection (e) of Section 9-3 of the |
Criminal
Code of 1961 or the Criminal Code of 2012 if the |
offense was committed on or after January 1, 1999,
and when the |
sentence is imposed for aggravated driving under the influence
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of alcohol, other drug or drugs, or intoxicating compound or |
compounds, or
any combination thereof as defined in |
subparagraph (F) of paragraph (1) of
subsection (d) of Section |
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11-501 of the Illinois Vehicle Code, and when
the sentence is |
imposed for aggravated arson if the offense was committed
on or |
after July 27, 2001 (the effective date of Public Act 92-176), |
and when
the sentence is imposed for aggravated driving under |
the influence of alcohol,
other drug or drugs, or intoxicating |
compound or compounds, or any combination
thereof as defined in |
subparagraph (C) of paragraph (1) of subsection (d) of
Section |
11-501 of the Illinois Vehicle Code committed on or after |
January 1, 2011 (the effective date of Public Act 96-1230), the |
judge's
statement, to be given after pronouncing the sentence, |
shall include the
following:
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"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
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Corrections and
the Illinois Prisoner Review Board. In this |
case,
the defendant is entitled to no more than 4 1/2 days of |
sentence credit for
each month of his or her sentence of |
imprisonment. Therefore, this defendant
will serve at least 85% |
of his or her sentence. Assuming the defendant
receives 4 1/2 |
days credit for each month of his or her sentence, the period
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of estimated actual custody is ... years and ... months. If the |
defendant,
because of his or her own misconduct or failure to |
comply with the
institutional regulations receives lesser |
credit, the actual time served in
prison will be longer."
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When a sentence of imprisonment is imposed for first degree |
murder and
the offense was committed on or after June 19, 1998, |
the judge's statement,
to be given after pronouncing the |
sentence, shall include the following:
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"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department
of |
Corrections and the Illinois Prisoner Review Board. In this |
case, the
defendant is not entitled to sentence credit. |
Therefore, this defendant
will serve 100% of his or her |
sentence."
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When the sentencing order recommends placement in a |
substance abuse program for any offense that results in |
incarceration
in a Department of Corrections facility and the |
crime was
committed on or after September 1, 2003 (the |
effective date of Public Act
93-354), the judge's
statement, in |
addition to any other judge's statement required under this
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Section, to be given after pronouncing the sentence, shall |
include the
following:
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"The purpose of this statement is to inform the public of
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the actual period of time this defendant is likely to spend in
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prison as a result of this sentence. The actual period of
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prison time served is determined by the statutes of Illinois as
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applied to this sentence by the Illinois Department of
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Corrections and the Illinois Prisoner Review Board. In this
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case, the defendant shall receive no sentence credit for good |
conduct under clause (3) of subsection (a) of Section 3-6-3 |
until he or
she participates in and completes a substance abuse |
treatment program or receives a waiver from the Director of |
Corrections pursuant to clause (4.5) of subsection (a) of |
Section 3-6-3."
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(c-4) Before the sentencing hearing and as part of the |
presentence investigation under Section 5-3-1, the court shall |
inquire of the defendant whether the defendant is currently |
serving in or is a veteran of the Armed Forces of the United |
States.
If the defendant is currently serving in the Armed |
Forces of the United States or is a veteran of the Armed Forces |
of the United States and has been diagnosed as having a mental |
illness by a qualified psychiatrist or clinical psychologist or |
physician, the court may: |
(1) order that the officer preparing the presentence |
report consult with the United States Department of |
Veterans Affairs, Illinois Department of Veterans' |
Affairs, or another agency or person with suitable |
knowledge or experience for the purpose of providing the |
court with information regarding treatment options |
available to the defendant, including federal, State, and |
local programming; and |
(2) consider the treatment recommendations of any |
diagnosing or treating mental health professionals |
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together with the treatment options available to the |
defendant in imposing sentence. |
For the purposes of this subsection (c-4), "qualified |
psychiatrist" means a reputable physician licensed in Illinois |
to practice medicine in all its branches, who has specialized |
in the diagnosis and treatment of mental and nervous disorders |
for a period of not less than 5 years. |
(c-6) In imposing a sentence, the trial judge shall |
specify, on the record, the particular evidence and other |
reasons which led to his or her determination that a motor |
vehicle was used in the commission of the offense. |
(d) When the defendant is committed to the Department of
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Corrections, the State's Attorney shall and counsel for the |
defendant
may file a statement with the clerk of the court to |
be transmitted to
the department, agency or institution to |
which the defendant is
committed to furnish such department, |
agency or institution with the
facts and circumstances of the |
offense for which the person was
committed together with all |
other factual information accessible to them
in regard to the |
person prior to his commitment relative to his habits,
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associates, disposition and reputation and any other facts and
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circumstances which may aid such department, agency or |
institution
during its custody of such person. The clerk shall |
within 10 days after
receiving any such statements transmit a |
copy to such department, agency
or institution and a copy to |
the other party, provided, however, that
this shall not be |
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cause for delay in conveying the person to the
department, |
agency or institution to which he has been committed.
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(e) The clerk of the court shall transmit to the |
department,
agency or institution, if any, to which the |
defendant is committed, the
following:
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(1) the sentence imposed;
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(2) any statement by the court of the basis for |
imposing the sentence;
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(3) any presentence reports;
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(3.5) any sex offender evaluations;
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(3.6) any substance abuse treatment eligibility |
screening and assessment of the defendant by an agent |
designated by the State of Illinois to provide assessment |
services for the Illinois courts;
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(4) the number of days, if any, which the defendant has |
been in
custody and for which he is entitled to credit |
against the sentence,
which information shall be provided |
to the clerk by the sheriff;
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(4.1) any finding of great bodily harm made by the |
court with respect
to an offense enumerated in subsection |
(c-1);
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(5) all statements filed under subsection (d) of this |
Section;
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(6) any medical or mental health records or summaries |
of the defendant;
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(7) the municipality where the arrest of the offender |
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or the commission
of the offense has occurred, where such |
municipality has a population of
more than 25,000 persons;
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(8) all statements made and evidence offered under |
paragraph (7) of
subsection (a) of this Section; and
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(9) all additional matters which the court directs the |
clerk to
transmit.
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(f) In cases in which the court finds that a motor vehicle |
was used in the commission of the offense for which the |
defendant is being sentenced, the clerk of the court shall, |
within 5 days thereafter, forward a report of such conviction |
to the Secretary of State. |
(Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11; |
96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. |
8-12-11; 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
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(730 ILCS 5/5-8-8) |
(Section scheduled to be repealed on December 31, 2020) |
Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. |
(a) Creation. There is created under the jurisdiction of |
the Governor the Illinois Sentencing Policy Advisory Council, |
hereinafter referred to as the Council. |
(b) Purposes and goals. The purpose of the Council is to |
review sentencing policies and practices and examine how these |
policies and practices impact the criminal justice system as a |
whole in the State of Illinois.
In carrying out its duties, the |
Council shall be mindful of and aim to achieve the purposes of
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sentencing in Illinois, which are set out in Section 1-1-2 of |
this Code: |
(1) prescribe sanctions proportionate to the |
seriousness of the offenses and permit the recognition of |
differences in rehabilitation possibilities among |
individual offenders; |
(2) forbid and prevent the commission of offenses; |
(3) prevent arbitrary or oppressive treatment of |
persons adjudicated offenders or delinquents; and |
(4) restore offenders to useful citizenship. |
(c) Council composition. |
(1) The Council shall consist of the following members: |
(A) the President of the Senate, or his or her |
designee; |
(B) the Minority Leader of the Senate, or his or |
her designee; |
(C) the Speaker of the House, or his or her |
designee; |
(D) the Minority Leader of the House, or his or her |
designee; |
(E) the Governor, or his or her designee; |
(F) the Attorney General, or his or her designee; |
(G) two retired judges, who may have been circuit, |
appellate, or supreme court judges; retired judges |
appointed prior to the effective date of this |
amendatory Act of the 98th General Assembly shall be |
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selected by the members of the Council designated in |
clauses (c)(1)(A) through (L), and retired judges |
appointed on or after the effective date of this |
amendatory Act of the 98th General Assembly shall be |
appointed by the Chief Justice of the Illinois Supreme |
Court; |
(G-5) two sitting judges, who may be circuit, |
appellate, or supreme court judges, appointed by the |
Chief Justice of the Supreme Court; one member |
appointed under this paragraph (G-5) shall be selected |
from the Circuit Court of Cook County or the First |
Judicial District, and one member appointed under this |
paragraph (G-5) shall be selected from a judicial |
circuit or district other than the Circuit Court of |
Cook County or the First Judicial District; |
(H) the Cook County State's Attorney, or his or her |
designee; |
(I) the Cook County Public Defender, or his or her |
designee; |
(J) a State's Attorney not from Cook County, |
appointed by the State's Attorney's
Appellate |
Prosecutor; |
(K) the State Appellate Defender, or his or her |
designee; |
(L) the Director of the Administrative Office of |
the Illinois Courts, or his or her designee; |
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(M) a victim of a violent felony or a |
representative of a crime victims' organization,
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selected by the members of the Council designated in |
clauses (c)(1)(A) through (L); |
(N) a representative of a community-based |
organization, selected by the members of
the Council |
designated in clauses (c)(1)(A) through (L); |
(O) a criminal justice academic researcher, to be |
selected by the members of the
Council designated in |
clauses (c)(1)(A) through (L); |
(P) a representative of law enforcement from a unit |
of local government to be
selected by the members of |
the Council designated in clauses (c)(1)(A) through |
(L); |
(Q) a sheriff selected by the members of the |
Council designated in clauses (c)(1)(A) through (L); |
and |
(R) ex-officio members shall include: |
(i) the Director of Corrections, or his or her |
designee; |
(ii) the Chair of the Prisoner Review Board, or |
his or her designee; |
(iii) the Director of the Illinois State |
Police, or his or her designee; and |
(iv) the Director of the Illinois Criminal |
Justice Information Authority, or his
or her |
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designee. |
(1.5) The Chair and Vice Chair shall be elected from |
among its members by a majority of the members of the |
Council. |
(2) Members of the Council who serve because of their |
public office or position, or those who are designated as |
members by such officials, shall serve only as long as they |
hold such office or position. |
(3) Council members shall serve without compensation |
but shall be reimbursed for travel and per diem expenses |
incurred in their work for the Council. |
(4) The Council may exercise any power, perform any |
function, take any action, or do anything in furtherance of |
its purposes and goals
upon the appointment of a quorum of |
its members. The term of office of each member of the |
Council ends on the date of repeal of this amendatory Act |
of the 96th General Assembly. |
(d) Duties. The Council shall perform, as resources permit, |
duties including: |
(1) Collect and analyze information including |
sentencing data, crime trends, and existing correctional |
resources to support legislative and executive action |
affecting the use of correctional resources on the State |
and local levels. |
(2) Prepare criminal justice population projections |
annually, including correctional and community-based |
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supervision populations. |
(3) Analyze data relevant to proposed sentencing |
legislation and its effect on current policies or |
practices, and provide information to support |
evidence-based sentencing. |
(4) Ensure that adequate resources and facilities are |
available for carrying out sentences imposed on offenders |
and that rational priorities are established for the use of |
those resources. To do so, the Council shall prepare |
criminal justice resource statements, identifying the |
fiscal and practical effects of proposed criminal |
sentencing legislation, including, but not limited to, the |
correctional population, court processes, and county or |
local government resources. |
(5) Perform such other studies or tasks pertaining to |
sentencing policies as may be requested by the Governor or |
the Illinois General Assembly. |
(6) Perform such other functions as may be required by |
law or as are necessary to carry out the purposes and goals |
of the Council prescribed in subsection (b). |
(7) Publish a report on the trends in sentencing for |
offenders described in subsection (b-1) of Section 5-4-1 of |
this Code, the impact of the trends on the prison and |
probation populations, and any changes in the racial |
composition of the prison and probation populations that |
can be attributed to the changes made by adding subsection |
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(b-1) of Section 5-4-1 to this Code by this amendatory Act |
of the 99th General Assembly. |
(e) Authority. |
(1) The Council shall have the power to perform the |
functions necessary to carry out its duties, purposes and |
goals under this Act. In so doing, the Council shall |
utilize information and analysis developed by the Illinois |
Criminal Justice Information Authority, the Administrative |
Office of the Illinois Courts, and the Illinois Department |
of Corrections. |
(2) Upon request from the Council, each executive |
agency and department of State and local government shall |
provide information and records to the Council in the |
execution of its duties. |
(f) Report. The Council shall report in writing annually to |
the General Assembly, the Illinois Supreme Court, and the |
Governor. |
(g) This Section is repealed on December 31, 2020.
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(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15.)
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